Many divorce cases involve issues that affect the former child support and spousal support obligations of the parties. Because these obligations have the potential to extend for several years after the couple gets a divorce, certain insurance considerations can come into play. This blog examines some important insurance considerations when it comes to divorce cases involving family support obligations.
When parents of a minor child get divorced, it is important to determine who will be responsible for health insurance. Sometimes a divorce will result in one spouse falling out of coverage, requiring them to purchase a health insurance policy for themselves and their child. The means to cover expenses for health insurance may be a factor when the court determines spousal support awards. The court could consider a custodial parent's likely insurance costs when calculating child support obligations. The obligor spouse may be entitled to pay an amount that would help the custodial parent purchase and maintain a health insurance policy that covers their child.
Life insurance is a crucial issue that arises during divorce, especially when family support obligations are involved. For example, if a divorce occurs between parents of a minor child where one parent is responsible as the primary custodial parent, the noncustodial parent has a duty to pay child support under California law. Furthermore, the spouse required to pay spousal support may have a duty to maintain a life insurance policy to ensure future child support payments in the event of the obligor spouse's death.
On the other hand, a person does not have a duty to maintain a life insurance policy to secure spousal support payments. Although people have a duty to support their spouse, this duty only exists while they are alive. In contrast, the payment of child support is a duty that lasts beyond the life of the parent, exposing their estate to liability for future child support payments.
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